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Terms and Conditions

TBM Locker Room Terms and Conditions

These terms and conditions (Terms) apply to your use of the services provided on this website by TBM Locker Room or TBM Locker Room partners, service providers, affiliates, agents or nominees.

SCOPE OF SERVICES

The Body Mechanic Sydney Pty Ltd  (ACN: 150 719 967)  operates the www.tbmlockerroom.com website. By accessing or using this Site, you agree to be bound by these Terms together with any other relevant terms or policies, including TBM Locker Room Privacy Policy (Privacy Policy).

The Site is provided by TBM Locker Room (together with our partners, service providers, affiliates, agents or nominees) and facilitates the sharing of various running, fitness and physiotherapy related exercises and content (Purpose).

These Terms apply to you if you employ or access the Site, or any other TBM Locker Room product, service, feature, content (whether user-generated or otherwise), interactive and informational resources or promotional offers (collectively the Services).

ACCESS TO AND USE OF THIS SITE

 Subject to relevant law, this Site (and the products and services described in this Site) is intended for the use of persons accessing the website from any location. However, this Site, and the Programs are not intended to be used in any jurisdiction for which it would be illegal for such use to occur. You are responsible for ensuring that use of the Site is legal in the jurisdiction from which you access the Site. In each case, your use of the Services will be governed by these Terms.

TBM Locker Room reserves the right to terminate your use of this Site or the Services at any time.

Your use of this Site is at your own risk.

TBM Locker Room provides the Site and the Services without any express or implied warranties whatsoever, including without limitation in relation to fitness for purpose. For the avoidance of any doubt, TBM Locker Room does not guarantee that the Site will be safe, secure error free or will operate without interruption.

TBM Locker Room takes no responsibility for the acts or omissions of any third parties, including without limitation manufacturers of any device or Mobile Application through which the Programs are accessed. Whilst TBM Locker Room will take reasonable steps to prevent computer viruses and other malicious programs on the Site, no liability is accepted for the presence of any such viruses or programs.

CONTENT PROVIDED BY TBM LOCKER ROOM

 The content on this Site (Content) is provided in good faith, and TBM Locker Room gives no warranty or representation that any information is accurate, complete or up to date.

USER CONTENT

 As part of your use of the Site for the Purpose, you may choose to submit certain content (User Content). If you do submit any User Content, then you warrant that you own or have all necessary licenses, consents and permissions necessary to be able to use the User Content and to assign or licence the User Content to us in accordance with these Terms.

You agree that you will not submit any material or information that is subject to third party proprietary rights unless you are expressly permitted to do so by the owner of those rights.

Subject to our Privacy Policy, each time you submit User Content to us, you grant a perpetual, irrevocable, royalty-free, worldwide, transferable and enduring licence to use, reproduce, transmit, share or re-publish any of the User Content (whether in its original form or via derivative content) in any manner that we see fit in our absolute discretion in relation to the Purpose and the provision of the Services and the Site.

If you have consented to make your User Content publicly available on our Site then you grant each other user of the Site a licence to access your User Content through the Site for the Purpose.

Copies of User Content may be maintained by TBM Locker Room (whether in soft or hard copy) (including User Content that you have deleted from the Site for the purposes of back-up or security, or as required by law from time to time.

Any opinion contained in any User Content remains the opinion solely of the contributor of the User Content. TBM Locker Room does not endorse, and is no way bound by, any opinion contained in any User Content.

You agree that you will:

  • comply with our policies from time to time in relation to the form and content of any User Content; and
  • not submit any User Content that is false, libellous, defamatory, racially or ethnically offensive, or threatening to any person or entity, or that is otherwise illegal pursuant to any relevant law.

TBM Locker Room reserves its rights to remove any User Content from the Site at any time and for any reason.

MEDICAL DISCLAIMER

By providing the Site for the Purpose, TBM Locker Room is not providing and should not be considered or interpreted to be providing, any medical opinion or advice on any matter.

Any fitness, evaluation or information reports generated by us should not be considered by you as a replacement for a medical consultation, evaluation or treatment by an appropriately licensed medical practitioner or health services provider. You should (and are urged to) seek the advice of an appropriately qualified medical practitioner in relation to any physical activities that you carry out, and in relation to the use of the Site for the Purpose.

If you have a pre-existing medical condition, then you should seek professional medical advice prior to making use of the Program or other services on the Site.

INSURANCE                  

 TBM Locker Room holds appropriate insurance with reputable insurers which is relevant to the provision of the exercise programs and services. Further details can be obtained from The Body Mechanic Sydney Pty Ltd on request.

INTELLECTUAL PROPERTY

TBM Locker Room retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information including without limitation any software, text, graphics, images, video, audio data and other material (Information) provided on or via this Site (whether as part of the Content described in paragraph 3 or otherwise). You are not entitled to reproduce, store in a retrieval system or transmit in any form or by any means (whether electronic, mechanical, photocopying, recording or otherwise) without the prior written consent of TBM Locker Room.

You have no rights in or to the Information, and you may not use the Information other than as permitted under these Terms or with our prior written consent (or the prior written consent of the owner from time to time).

You may not sell, transfer, assign, licence or modify the Information, or reproduce, display, perform, make a derivative version of, or otherwise use the Information in any way other than in association with the Purpose.

LIMITATION OF LIABILITY

 TBM Locker Room does not warrant the accuracy, completeness or currency of information that is made available through this Site.

TBM Locker Room will not be liable for, or in connection with, any loss or damage arising from: 

  • any inaccuracies, errors or omissions in information made available through this Site; or
  • the application or implementation of any Program.

Notwithstanding the above, TBM Locker Room will endeavour to ensure that information is updated as soon as practicable when TBM Locker Room becomes aware that material changes have occurred.

HYPERLINKS

The inclusion of links on this Site to content and data contained on other websites does not comprise or imply support or recommendation of any other company, product or service. We do not control and are not responsible for the information on any other site found through our Site. Such links are provided for your convenience only.

Links to this Site are not permitted without the prior written consent of TBM Locker Room.

BREACH OF THESE TERMS

If you breach any of these Terms, your permission to access the Site and to use the Services is automatically terminated. In the circumstance, you agree that you will immediately destroy any copies you have of the Information or any other Content.

USE

This Site is intended for personal use by individuals to manage their stretching, strengthening and training.

This Site may be used for a commercial purpose only with the prior written consent of TBM Locker Room.

AMENDMENTS

TBM Locker Room reserves the right to change the information provided on or via this Site, including these Terms and our Privacy Policy, at any time and without notice. It is recommended that you review the information provided on this Site, including these Terms, periodically for changes.

PRIVACY AND COLLECTION OF INFORMATION

TBM Locker Room is committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms by reference.

You consent to the collection and use of personally identifiable information about you in accordance with the Privacy Policy and these Terms.

SURVIVAL       

If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, then that part or provision is severed for that jurisdiction.

The remainder of the Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms or is contrary to public policy.

PAYMENT

TBM Locker Room may charge you fees associated with the Services offered by TBM Locker Room. TBM Locker Room current fee rates will be notified to you from time to time (Fee Amounts).

Payment for TBM Locker Room products and Services must be made by a valid credit card using Stripe, or via a PayPal account (or similar direct payment method), accepted by us in our discretion.

Fee Amounts are payable in Australian dollars. You hereby authorise TBM Locker Room to charge your credit card, or agree to pay TBM Locker Room directly through the Site using your PayPal account for:

  • a single once-off payment when purchasing a product or service;
  • a once-off payment associated with the purchase of a Program; or
  • other ongoing fees associated with the use of the Services on a regular basis.

If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your use of the Site will be disabled until payment is received.

Amounts paid to TBM Locker Room in respect of its services (including prepayments if applicable), are non-refundable.

GENERAL

This Site and its Terms shall be governed by and construed in accordance with the laws of Australia.

Failure by TBM Locker Room to act on, or enforce, any provision of the Terms is not to be construed as a waiver of that provision or any other provision of these Terms. No waiver shall be effective against TBM Locker Room unless the waiver is in writing.

Unless we separately agree with you, these Terms constitute the entire agreement between us in relation to the matters covered in these Terms, and supersedes all previous agreements between the parties.